Present law authorizes the secretary of the Department of Environmental Quality to adopt and promulgate certain rules and regulations under the Louisiana Air Control Law.

Present law provides that nothing in present law was deemed to grant to the secretary any jurisdiction or authority to make any rule, regulation, recommendations, or determination with respect to permitting regulations, with respect to air quality, requiring authorization to construct or operate any source for which facility-wide potential emissions are less than five tons per year for each of any regulated air pollutant as defined by the federal Clean Air Act, less than fifteen tons per year emitted of all such defined pollutants combined, and less than the minimum emission rate for each toxic air pollutant established pursuant to present law unless the source was required to obtain a permit pursuant to the federal Clean Air Act.

Present law authorizes the secretary to adopt, promulgate, and enforce standards, limitations and other regulations applicable to sources which are not required to obtain a permit. Requires that these standards or regulations not include any requirement for approval by the DEQ and provides that such standards or regulations may include the requirement to determine, document, and maintain records to demonstrate the potential or actual emissions of the facility.

Proposed law requires the secretary to adopt, promulgate, and enforce standards, limitations, and other regulations for sources that are not required to obtain a permit. In addition, proposed law requires the standards or regulations to include reporting along with the requirement to determine, document, and maintain records to demonstrate the potential or actual emissions of the facility.

Effective August 1, 2022.